Court Vacates Settlement Agreement for Tenant Who Had No Attorney

Landlord sued to evict tenant for nonpayment of rent. Landlord obtained a judgment and eviction warrant based on tenant's default. The day after eviction, tenant asked the court to vacate the judgment and warrant, claiming that he wasn't served with the court papers or marshal's notice. Landlord and tenant then signed a settlement agreement. Landlord agreed to restore tenant to possession if tenant paid back rent plus landlord's legal fees. Tenant then got an attorney and asked the court to vacate the agreement. Tenant claimed breach of the warranty of habitability, rent overcharge, and that landlord failed to provide a rent-stabilized renewal lease. The court ruled against tenant, who appealed and won. Tenant had inadvertently waived several meritorious defenses after being evicted and then signing a settlement agreement without an attorney. The court reopened the case and permitted tenant to raise defenses in an answer.

Chauncey Equities LLC v. Murphy: 62 Misc.3d 141(A), 2019 NY Slip Op 50067(U) (App. T. 2 Dept.; 1/11/19; Pesce, PJ, Aliotta, Elliot, JJ)